It often starts with something simple, a walk to the shops, a trip to work, or a stroll with the dog. You are looking ahead, not down at your feet, when suddenly you catch on a raised paving slab or twist your ankle in a pothole you didn’t see coming. In seconds, you can go from minding your own business to suffering an injury that affects your mobility, your work, and your quality of life.
Tripping accidents on public highways are far more common than most people realise. When pavements, footpaths, or roads are not properly maintained, they can become hazardous. If that hazard causes injury, you may be entitled to claim compensation. But there is a catch: local authorities often defend these cases using Section 58 of the Highways Act 1980, a legal provision designed to shield them from liability if they can show they acted reasonably.
This blog explains what that means, how to prove your case, and how expert legal support from Ison Harrison Solicitors including no win, no fee funding can tip the balance in your favour.
The Duty of Local Authorities
Under English and Welsh law, local councils have a clear statutory duty to keep public highways safe. That duty covers pavements, roads, and footpaths, in short, the places you walk every day.
If a defect such as a broken kerb, loose paving slab, or deep pothole causes injury, the council may be liable if it has failed to take reasonable steps to find and fix the problem.
To succeed with a claim, you will need to show three things:
- The highway was in a dangerous condition.
- That defect caused your injury.
- The council failed in its duty to maintain it.
Simple in principle but proving it in practice is where challenges arise.
Understanding the Section 58 Defence
Section 58 of the Highways Act 1980 is the legal safety net councils rely on. It allows them to avoid paying compensation if they can prove they took “such care as in all the circumstances was reasonably required” to keep the highway safe.
In reality, this often means the council will argue:
- They had a reasonable inspection and maintenance system.
- The defect either did not exist or was not dangerous during the last inspection.
- They acted promptly once the defect was reported.
Even if the defect is obvious to you, the authority may say they had no prior knowledge of it. Without strong evidence, that argument can be hard to overcome.
Building a Strong Tripping Claim
Winning a tripping claim, especially when faced with a Section 58 defence, is all about evidence. The more you can gather, the stronger your position.
Key steps include:
- Taking clear photographs of the defect, ideally with a ruler or everyday object for scale.
- Getting witness statements from anyone who saw your fall or knew about the hazard beforehand.
- Keeping medical records that link your injuries directly to the fall.
- Having a solicitor scrutinise the council’s inspection records to look for gaps or inconsistencies.
At Ison Harrison, we have years of experience unpicking local authority inspection regimes and finding the weak spots in their defence.
Taking the Risk Out of Claiming
For many people, the biggest worry is cost. That is why we offer no win, no fee agreements for tripping claims. You pay nothing upfront, only pay if you win, and our fees are capped and agreed from the start. It is designed to give you peace of mind and open the door to justice without financial risk.
Why Our Clients Choose Ison Harrison
We are more than just personal injury solicitors, we are a team that understands how these claims work, how councils defend them, and how to secure the compensation our clients deserve. With a Lexcel-accredited service, local offices across Yorkshire, and a reputation for thorough, determined representation, we are well placed to take on even the toughest Section 58 defence.
Speak to Us Today
If you have been injured because of a defective pavement, footpath, or road, do not face the legal process alone. Call Ison Harrison today for a free, no-obligation consultation. We will review your case, explain your options, and guide you through every step — with no win, no fee funding available. Call our personal injury team today on 0113 284 5000 or email pi@isonharrison.co.uk.
